Soldato
- Joined
- 27 Jul 2005
- Posts
- 13,295
- Location
- The Orion Spur
Yeah but in no situation there is the customer within their rights to receive a refund as a first port of call. That was my point, they are fully entitled to repair the console if they want to. The only reason I posted is because your post is factually inaccurate and leads the OP into thinking they are automatically entitled to things they aren't. Your quotes are further misleading because you haven't quoted the criteria and the most important phrase within it.
Goods you buy should always be in a satisfactory condition, defect free and fit for the purpose they were intended when you receive them.
In the OPs case, the product was working perfectly when received, had no defects and was fully fit for the purpose it was intended. Once those criteria are met then any right to a refund is gone unless the retailer cannot provide either a. a repair, or b. a replacement. In this case I have no doubt the OP will receive a replacement but there is no basic right to demand a refund for a faulty product.
SKaRT said:In the OPs case, the product was working perfectly when received, had no defects and was fully fit for the purpose it was intended. Once those criteria are met then any right to a refund is gone unless the retailer cannot provide either a. a repair, or b. a replacement. In this case I have no doubt the OP will receive a replacement but there is no basic right to demand a refund for a faulty product.
Sale of Goods Act said:The buyer is deemed to have accepted the goods [F1subject to subsection (2) below—
(a)when he intimates to the seller that he has accepted them, or
(b)when the goods have been delivered to him and he does any act in relation to them which is inconsistent with the ownership of the seller.
(2)Where goods are delivered to the buyer, and he has not previously examined them, he is not deemed to have accepted them under subsection (1) above until he has had a reasonable opportunity of examining them for the purpose—
(a)of ascertaining whether they are in conformity with the contract, and
(b)in the case of a contract for sale by sample, of comparing the bulk with the sample.
Noooo...........I think your wrong, in my eyes he received a faulty product and has a right to a full refund in the eyes of the law.
Noooo...........
If he is deemed to have accepted the contract (See my quote above), then the law states that the seller has a reasonable amount of time to remedy the situation.
There is NO LAW that states that he is entitled to a full refund for a faulty product, period.
-Leezer-
"If they have accepted the goods they may not be entitled to a full cash refund and may only be entitled to a partial refund or the cost of a repair. Acceptance is a legal concept and generally is determined by how long the buyer has had the goods. If your customer takes more than a reasonable time in rejecting the goods they may be said to have accepted them and so have fewer legal rights. A 'reasonable time' is not defined in law but is often quite short"
And there is also no law that states the consumer is 'only entitled to a repair or replacement'.
TBH looking into this it's a bit of grey area and there is not a clear definition as to what is the correct time period that is legally deemed as 'accepting the contract', I personally think if it went to a small claims court the original poster would win in these particular circumstances due to only owning the product a few days which would be classed as a reasonable time to not not accept the contract of sale, remember most products are purchased untested and sealed, so the consumer is allowed this 'reasonable time' period to test the product.
(This assumes that the contract is deemed to have been accepted)
I don't deny it's a grey area, and like I've said lawyers could argue over it for hours![]()